City of Nampa v. Swayne

SHEPARD, Justice.

This is an appeal from a summary judgment ordering removal of certain signs encroaching over and above the road surface of a public street. The questions presented involve the authority of a municipality to declare such encroachments to be nuisances per se and whether such signs obstruct or interfere with the public's use of the street.

Appellants-defendants are leaseholders of real property in Nampa, Idaho, located in the 200 block of 12th Avenue South and are operators of business establishments known as the Pix Theater and Hazzy’s Book and Stationery Store. In 1946 the…